In this podcast, Michael Carter explains the basis for the tort of 'passing off' and outlines the circumstances in which it can be used alongside, or in place of, trademark rights to protect 'goodwill' in a business.

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Linklaters London restructuring partner Yen Sum is set to join US firm Sidley Austin in London.

Sum has spent eight years at Linklaters having trained at Allens, the magic circle firm’s Australian alliance partner.

She joined the firm in 2002 and, in 2005, she moved to Barclays as a leveraged finance specialist. After three years with the bank, Sum moved back to Linklaters and made partner in 2010.

Sidley Austin co-chair of corporate restructuring and bankruptcy, James Conlan, said: “Yen will work with our growing team of private equity and finance lawyers as we expand the firm’s offering to clients in situations across the UK, the rest of Europe, Asia and the US.”

Standout deals for Sum at Linklaters include advising a committee of lenders in relation to restructuring talks over Yellow Pages publisher Hibu’s £2.2bn debt pile in 2012.

Linklaters has seen a number of partners opt to join US rivals in the past few years. At Sidley, Sum will be reunited with former Linklaters corporate partner Stephen Blackshaw, who joined the US firm in 2012. Blackshaw is now co-head of the corporate group.

Last year, Linklaters restructuring partner David Ereira, who had been at the firm since 2007, joined Paul Hastings.

In February 2015, Kirkland & Ellis hired Linklaters corporate partner and head of real estate M&A Matthew Elliott, a move followed in May by the hire of Paula Riedel, the head of Linklaters’ competition practice.